I typed out Amendment 9 so that there can be be no confusion with regards to its meaning. Amendment 9 was put in place to ensure that the Bill of Rights was not perceived to be the only rights granted to US Citizens, but rather that the Bill of Rights constitutes the protected rights of the people. All other rights are fair game to legislative restriction.
Kobun Heat said:
I was nearly going to seriously respond to you, until I read this. You fail at Constitution total. Please try a lower difficulty level.
Apparently you have your interpretation of this amendment and I have mine. How about next time instead of simply dismissing soneone's view as irrelevant you actually refute it so as to "enlighten" the person you disagree with.
However, perhaps I did not make myself clear. It was late and was at the end of the long day. Let me try to explain my view of the 9th Amendment is a more clear manner.
I hope that we can completely agree with the first part of my statement:
Amendment 9 was put in place to ensure that the Bill of Rights was not perceived to be the only rights granted to US Citizens
Are we agreed upon this? It's pretty much only a rewording of the Amendment.
As far as the rest of my statement, which is quoted above, let me use an example of two rights, one explicitly stated in the Bill of Rights, and another that could perhaps be inferred from the 9th Amendment. For this example I'll use the right to freedom of speech and the right to walk around naked in the privacy of your own home (silly, I know).
Freedom of Speech is a right that has been heavily protected by the judcicial system. The courts have been extremely conservative in their interpretation of the 1st Amendment, and because of this people can pretty much say whatever they want to, with a few exceptions (slander, inciting violence, etc). This is what lets the nutjobs at the
Westboro Baptist Church say what they say. This is a good thing.
While the 4th Amendment explicitly protects against unreasonable search and seizures, this has been more broadly interpreted as protecting the sanctity and privacy of a person's home. Within the confines of your own home you can do pretty much any legal activity you want to. Listen to music, have sex, walk around naked in your living room, etc. However, society has decided that there should be restrictions upon these activities, even when performed within your home. Your music volume has to be kept below a certain level, you can't boff your wife in your living room window with the blinds open and people walking by, and the same goes for standing naked in front of the window. Society has deemed these activities as inappropriate in the above cirumstances, legislation has been passed supporting society's position, and the judicial system has largely upheld this legislation.
Basically, what I was getting at with my post last night with regards to the 9th Amendment is that while citizens may have rights not explicitly enumerated in the Constitution, these other rights are not seen as invioble in the same way as those that
are listed in the Bill of Rights.
All this is separate from my opinion on the topic that is actually being discussed. I think that Jack Thompson is an ass. I also think that the ESRB rating system should continue, and that these ratings should be used as guidlines for parents to determine whether or not a game is appropriate for their child.